Docket No: 5695-20
Ref: Signature Date                          
             

 
Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits. A three-member panel of the Board, sitting in executive session, considered your application on 21 December 2020.  The names and votes of the panel members will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of the Board.  Documentary material considered by the Board consisted of your application together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo).    
  
You enlisted in the Navy and began a period of active duty on 22 November 1985.  On 31 August 1987, you received nonjudicial punishment (NJP) for making a false official statement, being absent from your appointed place of duty, being drunk on duty, and dereliction of duty.  On 17 September 1987, you were counseled regarding your first NJP and warned that further misconduct could result in administrative discharge action.  On 14 April 1988, you received NJP for wrongful use of cocaine, and being incapacitated for the proper performance of duties.  On 16 May 1988, you were notified of administrative discharge action by reason of misconduct due to commission of a serious offense and drug abuse.  After being afforded you procedural rights, you elected to have your case heard before an administrative discharge board (ADB).  On 15 July 1988, the ADB found that you committed misconduct due to drug abuse, and recommended you receive an other than honorable (OTH) discharge.  On 18 August 1988, your case was forwarded to the separation authority (SA) with the recommendation that you receive an OTH discharge.  On 15 October 1988, the SA directed that you received an OTH discharge due to drug abuse.  On 10 November 1988, you were discharged from the Navy with an OTH characterization of service. 

The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your statement that alcohol and substance use is a disease, and it was not treated as such under the mental health umbrella.  Additionally, the Board considered your assertions that you were treated as a bad guy, while others were not, and that when you entered the Navy, you did not use any drugs or alcohol, and you learned to drink in the military and then loved to drink.  You further assert that you found yourself to be an alcoholic, but did not know it consciously for some time, and you are requesting an upgrade because of fairness.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your two NJPs, one of which was for wrongful drug use, and the fact that you were warned of the consequences of further misconduct after your first NJP, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.    
   
You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.   
 
Sincerely,